Philosophy-Goals-Objectives and Comprehensive Plans
AR 0420.4(a)
CHARTER SCHOOLS
Petition Signatures
To be considered by the Board of Trustees, a petition for the establishment of a charter
school within the district must be signed by one of the following: (Education Code 47605)
1.
A number of parents/guardians equivalent to at least one-half of the number of
students that the charter school estimates will enroll in the charter school for its first
year of operation
2.
A number of teachers equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its first year of
operation
If the charter petition calls for an existing public school to be converted to a charter school,
the petition must be signed by at least 50 percent of the permanent status teachers currently
employed at the school. (Education Code 47605)
(cf. 4116 - Permanent/Probationary Status)
In circulating a petition, the petitioners shall include a prominent statement explaining that a
signature means that the parent/guardian is meaningfully interested in having his/her child
attend the charter school or, in the case of a teacher's signature, that the teacher is
meaningfully interested in teaching at the charter school. The proposed charter shall be
attached to the petition. (Education Code 47605)
Components of Charter Petition
A charter petition shall include affirmations of the conditions described in Education Code
47605(d) as well as descriptions of all of the following: (Education Code 47605, 47611.5)
1.
The educational program of the school, designed, among other things, to identify
those whom the school is attempting to educate, what it means to be an "educated
person" in the 21st century, and how learning best occurs. The goals identified in that
program shall include the objective of enabling students to become self-motivated,
competent, and lifelong learners.
If the proposed school will serve high school students, the petition shall describe the
manner in which the charter school will inform parents/guardians about the
transferability of courses to other public high schools and the eligibility of courses to
meet college entrance requirements. Courses offered by the charter school that are
accredited by the Western Association of Schools and Colleges may be considered
transferable, and courses approved by the University of California or the California
State University as creditable under the "A-G" admissions criteria may be considered
to meet college entrance requirements.
AR 0420.4(b)
CHARTER SCHOOLS (continued)
2.
The measurable student outcomes identified for use by the charter school. Student
outcomes means the extent to which all students of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as goals in the school's
educational program.
3.
The method by which student progress in meeting those student outcomes is to be
measured.
4.
The governance structure of the school, including, but not limited to, the process to be
followed by the school to ensure parent/guardian involvement.
5.
The qualifications to be met by individuals to be employed by the school.
6.
The procedures that the school will follow to ensure the health and safety of students
and staff. These procedures shall include the requirement that each school employee
furnish the school with a criminal record summary as described in Education Code
44237.
7.
The means by which the school will achieve a racial and ethnic balance among its
students that is reflective of the general population residing within the district's
territorial jurisdiction.
8.
Admission requirements, if applicable.
9.
The manner in which annual, independent financial audits shall be conducted, which
shall employ generally accepted accounting principles, and the manner in which audit
exceptions and deficiencies shall be resolved to the satisfaction of the Board.
10.
The procedures by which students can be suspended or expelled.
11.
The manner by which staff members of the charter school will be covered by the
State Teachers' Retirement System, the Public Employees' Retirement System, or
federal social security.
12.
The public school attendance alternatives for students residing within the district who
choose not to attend charter schools.
13.
A description of the rights of any district employee upon leaving district employment
to work in a charter school and of any rights of return to the district after employment
at a charter school.
14.
The procedures to be followed by the charter school and the Board to resolve disputes
relating to charter provisions.
AR 0420.4(c)
CHARTER SCHOOLS (continued)
15.
A declaration as to whether or not the charter school shall be deemed the exclusive
public school employer of the school's employees for purposes of collective
bargaining under Government Code 3540-3549.3.
16.
The procedures to be used if the charter school closes. The procedures shall ensure a
final audit of the charter school to determine the disposition of all assets and liabilities
of the school, including plans for disposing of any net assets and for the maintenance
and transfer of student records.
Charter school petitioners shall provide information to the Board regarding the proposed
operation and potential effects of the school, including, but not limited to: (Education Code
47605)
1.
The facilities to be used by the school, including where the school intends to locate
(cf. 7160 - Charter School Facilities)
2.
The manner in which administrative services of the school are to be provided
3.
Potential civil liability effects, if any, upon the school and district
4.
Financial statements that include a proposed first-year operational budget, including
start-up costs and cash-flow and financial projections for the first three years of
operation
Location of Charter School
Unless otherwise exempted by law, any charter petition submitted to the Board on or after
July 1, 2002, shall identify a single charter school that will operate within the geographic
boundaries of the district. A charter school may propose to operate at multiple sites within
the district as long as each location is identified in the petition. (Education Code 47605,
47605.1)
A charter school that is unable to locate within the district's jurisdictional boundaries may
establish one site outside district boundaries but within the county, provided that: (Education
Code 47605, 47605.1)
1.
The district is notified prior to approval of the petition.
2.
The County Superintendent of Schools and Superintendent of Public Instruction (SPI)
are notified before the charter school begins operations.
AR 0420.4(d)
CHARTER SCHOOLS (continued)
3.
The school has attempted to locate a single site or facility to house the entire program
but such a facility or site is unavailable in the area in which the school chooses to
locate, or the site is needed for temporary use during a construction or expansion
project.
A charter school may establish a resource center, meeting space, or other satellite facility
located in an adjacent county if both of the following conditions are met: (Education Code
47605.1)
1.
The facility is used exclusively for the educational support of students who are
enrolled in nonclassroom-based independent study of the charter school.
2.
The charter school provides its primary educational services in, and a majority of the
students it serves are residents of, the county in which the school is authorized.
All charter schools shall be subject to these requirements by June 30, 2005, or upon the
expiration of a charter that was in existence on January 1, 2003, whichever is later. Until the
later of these dates, any charter school that provided educational services before July 1, 2002,
shall be subject to these requirements only for new educational services or school sites it
establishes or acquires. (Education Code 47605.1)
Charter Approval/Denial
Within 30 days of receiving a petition to establish a charter school, the Board shall hold a
public hearing to determine the level of support for the petition by teachers, other employees
of the district, and parents/guardians. (Education Code 47605)
(cf. 9320 - Meetings and Notices)
Within 60 days of receiving a petition, or within 90 days with the consent of the petitioners
and the Board, the Board shall either grant or deny the request to establish a charter school.
(Education Code 47605)
The Board shall grant the charter if doing so is consistent with sound educational practice. A
charter shall be denied only if the Board presents written factual findings specific to the
petition that one or more of the following conditions exist: (Education Code 47605)
1.
The charter school presents an unsound educational program for the students to be
enrolled in the charter school.
2.
The petitioners are demonstrably unlikely to successfully implement the program set
forth in the petition.
AR 0420.4(e)
CHARTER SCHOOLS (continued)
3.
The petition does not contain the number of signatures required.
4.
The petition does not contain an affirmation of each of the conditions described in
Education Code 47605(d).
5.
The petition does not contain reasonably comprehensive descriptions of the charter
provisions in Education Code 47605(b) listed in "Components of Charter Petition"
above.
The Board shall not grant any charter that authorizes the conversion of a private school to a
charter school. (Education Code 47602)
The Board shall not approve any charter petition that proposes to serve students in a grade
level that is not served by the district, unless the petition proposes to serve students in all the
grade levels served by the district. (Education Code 47605)
The Board shall not deny a petition based on the actual or potential costs of serving students
with disabilities, nor shall it deny a petition solely because the charter school might enroll
disabled students who reside outside the special education local plan area (SELPA) in which
the district participates. (Education Code 47605.7, 47647)
The approval or denial of a charter petition shall not be controlled by collective bargaining
agreements nor subject to review or regulation by the Public Employment Relations Board.
(Education Code 47611.5)
In granting charter petitions, the Board shall give preference to schools best able to provide
comprehensive learning experiences for academically low-achieving students according to
standards established by the California Department of Education (CDE) under Education
Code 54032. (Education Code 47605)
The Board may initially grant a charter for a specified term not to exceed five years.
(Education Code 47607)
It shall be the responsibility of the petitioners to provide written notice of the Board's
approval and a copy of the charter to the County Superintendent, the CDE, and the State
Board of Education (SBE). (Education Code 47605)
Material Revisions
Material revisions to a charter may be made only with Board approval. Material revisions
shall be governed by the same standards and criteria that apply to new charter petitions as set
forth in Education Code 47605 and shall include, but not be limited to, a reasonably
comprehensive description of any new requirement of charter schools enacted into law after
the charter was originally granted or last renewed. (Education Code 47607)
AR 0420.4(f)
CHARTER SCHOOLS (continued)
If, after receiving approval of its petition, a charter school proposes to establish operations at
one or more additional sites within the district's boundaries, the charter school shall request a
material revision to its charter and shall notify the Board of those additional locations. The
Board shall consider approval of the additional locations at an open meeting. (Education
Code 47605)
Renewals
A charter school seeking renewal of its charter shall submit a written request to the Board at
least 120 days before the term of the charter is due to expire.
At least 90 days before the term of the charter is due to expire, the Board shall conduct a
public hearing to receive input on whether or not to extend the charter. At least 60 days
before the expiration date, the Board shall either grant or deny the request for renewal.
Renewals shall be governed by the same standards and criteria that apply to new charter
petitions as set forth in Education Code 47605 and shall include, but not be limited to, a
reasonably comprehensive description of any new requirement of charter schools enacted
into law after the charter was originally granted or last renewed. (Education Code 47607)
In addition, beginning on January 1, 2005, or after a charter school has been in operation for
four years, whichever is later, a charter school shall meet at least one of the following criteria
prior to receiving a charter renewal: (Education Code 47607)
1.
The charter school attains its Academic Performance Index (API) growth target in the
prior year or in two of the last three years, or in the aggregate for the prior three years.
2.
The charter school ranks in deciles 4-10 on the API in the prior year or in two of the
last three years.
3.
The charter school ranks in deciles 4-10 on the API for a demographically
comparable school in the prior year or in two of the last three years.
4.
The Board determines that the academic performance of the charter school is at least
equal to the academic performance of the public schools that the charter school
students would otherwise have been required to attend, as well as the academic
performance of district schools, taking into account the composition of the student
population that is served at the charter school.
The Board's determination shall be based on documented, clear, and convincing data;
student achievement data from the Standardized Testing and Reporting Program, and
any other available assessments, for demographically similar student populations in
AR 0420.4(g)
CHARTER SCHOOLS (continued)
comparison schools; and information submitted by the charter school. The Board
shall submit to the SPI copies of supporting documentation and a written summary of
the basis for its determination.
A charter renewal may not be granted to a charter school prior to 30 days after the
school submits related materials.
5.
The charter school qualifies for an alternative accountability system pursuant to
Education Code 52052(h).
Each renewal shall be for a period of five years. (Education Code 47607)
Revocations
The Board may revoke a charter whenever it finds, through a showing of substantial
evidence, that the charter school has done any of the following: (Education Code 47607)
1.
Committed a material violation of any of the conditions, standards, or procedures set
forth in the charter
2.
Failed to meet or pursue any of the student outcomes identified in the charter
3.
Failed to meet generally accepted accounting principles or engaged in fiscal
mismanagement
4.
Violated any provision of law
Prior to revocation, the Board shall notify the charter school of any violation(s) listed in
items #1-4 above and give the school a reasonable opportunity to remedy the violation(s)
unless the Board determines, in writing, that the violation(s) constitutes a severe and
imminent threat to the health or safety of the students. (Education Code 47607)
If the charter school does not successfully remedy the above violation(s), the Board shall
provide the charter school with a written notice of intent to revoke the charter and notice of
facts in support of revocation. No later than 30 days after providing the notice of intent to
revoke the charter, the Board shall hold a public hearing, in the normal course of business, on
the issue of whether evidence exists to revoke the charter. No later than 30 days after the
public hearing, unless the Board and the charter school agree to a 30-day extension, the
Board shall issue its final decision as to whether or not to revoke the charter. The Board shall
not revoke a charter unless the action is supported by written factual findings supported by
substantial evidence specific to the charter school. A decision to revoke a charter shall be
reported to the County Board of Education and the CDE. (Education Code 47607)
AR 0420.4(h)
CHARTER SCHOOLS (continued)
Requirements for Charter Schools
In providing general oversight of a charter school, the Board shall determine whether the
school meets the legal requirements applicable to charter schools. Each charter school shall:
1.
Be nonsectarian in its programs, admission policies, employment practices, and all
other operations (Education Code 47605)
2.
Not charge tuition (Education Code 47605)
3.
Not discriminate against any student on the basis of ethnicity, national origin, gender,
or disability (Education Code 47605)
4.
Adhere to all laws establishing minimum age for public school attendance (Education
Code 47610)
(cf. 5111 - Admission)
5.
Serve students who are California residents and who, if over 19 years of age, are
continuously enrolled in a public school and making "satisfactory progress" toward a
high school diploma as defined in 5 CCR 11965 (Education Code 47612)
6.
Serve students with disabilities in the same manner as such students are served in
other public schools (Education Code 47646, 56145)
(cf. 0430 - Comprehensive Local Plan for Special Education)
(cf. 6159 - Individualized Education Program)
(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education)
7.
Admit all students who wish to attend the school, according to the following criteria
and procedures:
a.
Admission to the charter school shall not be determined according to the
student's place of residence, or that of his/her parents/guardians, within this
state, except that any existing public school converting partially or entirely to
a charter school shall adopt and maintain a policy giving admission preference
to students who reside within the school's former attendance area. (Education
Code 47605)
However, if a charter school will be physically located in a public elementary
school attendance area in which 50 percent or more of the student enrollment
is eligible for free or reduced-price meals, it may also establish an admissions
AR 0420.4(i)
CHARTER SCHOOLS (continued)
preference for students who are currently enrolled in the public elementary
school and for students who reside in the public school attendance area.
(Education Code 47605.3)
8.
b.
If the number of students who wish to attend the charter school exceeds the
school's capacity, attendance shall be determined by a public random drawing,
except that preferences shall be extended to students currently attending the
charter school and students who reside in the district, except as provided for in
Education Code 47614.5. In the event of a drawing, the Board shall make
reasonable efforts to accommodate the growth of the charter school and shall
not take any action to impede the charter school from expanding enrollment to
meet student demand. (Education Code 47605)
c.
Other admissions preferences may be permitted by the Board on an individual
school basis as consistent with law.
Require its teachers to hold a Commission on Teacher Credentialing certificate,
permit, or other document equivalent to that which a teacher in other public schools
would be required to hold (Education Code 47605)
(cf. 4112.2 - Certification)
9.
Require its teachers of core academic subjects to satisfy requirements for "highly
qualified teachers" as defined by the SBE (20 USC 6319; 34 CFR 300.18)
(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)
10.
Not hire any person, in either a certificated or classified position, who has been
convicted of a violent or serious felony except as otherwise provided by law
(Education Code 44830.1, 45122.1)
(cf. 4112.5 /4312.5 - Criminal Record Check)
(cf. 4212.5 - Criminal Record Check)
11.
Meet the requirements of Education Code 47611 regarding the State Teachers'
Retirement System (Education Code 47610)
12.
Meet the requirements of Government Code 3540-3549.3 related to collective
bargaining in public education employment (Education Code 47611.5)
13.
If applicable, meet federal requirements for qualifications of paraprofessionals
working in programs supported by Title I funds (20 USC 6319)
(cf. 4222 - Teacher Aides/Paraprofessionals)
AR 0420.4(j)
CHARTER SCHOOLS (continued)
14.
Meet all statewide standards and conduct the student assessments required by
Education Code 60605 and 60851 and any other statewide standards or student
assessments applicable to noncharter public schools (Education Code 47605,
47612.5)
(cf. 6011 - Academic Standards)
(cf. 6162.51- Standardized Testing and Reporting Program)
(cf. 6162.52 - High School Exit Examination)
15.
Offer at least the number of instructional minutes set forth in Education Code 47612.5
for the grade levels provided by the charter school (Education Code 47612.5)
(cf. 6111 - School Calendar)
16.
Meet the requirements of Education Code 51745-51749.3 if it provides independent
study, except that it may be allowed to offer courses required for graduation solely
through independent study as an exception to Education Code 51745(e) (Education
Code 47612.5, 51747.3; 5 CCR 11705)
(cf. 6158 - Independent Study)
17.
Identify and report to the SPI any portion of its average daily attendance that is
generated through nonclassroom-based instruction, including, but not limited to,
independent study, home study, work study, and distance and computer-based
education (Education Code 47612.5, 47634.2)
18.
On a regular basis, consult with parents/guardians and teachers regarding the school's
educational programs (Education Code 47605)
19.
Maintain written contemporaneous records that document all student attendance and
make these records available for audit and inspection (Education Code 47612.5)
20.
If a student subject to compulsory full-time education is expelled or leaves the charter
school without graduating or completing the school year for any reason, notify the
Superintendent of the school district of the student's last known address within 30
days and, upon request, provide that district with a copy of the student's cumulative
record, including a transcript of grades or report card, and health information
(Education Code 47605)
21.
By January 1, 2007, comply with the California Building Standards Code as adopted
and enforced by the local building enforcement agency with jurisdiction over the area
in which the charter school is located, unless the charter school facility meets either
of the following conditions: (Education Code 47610, 47610.5)
AR 0420.4(k)
CHARTER SCHOOLS (continued)
a.
The facility complies with the Field Act pursuant to Education Code 1728017317 and 17365-17374.
b.
The facility is exclusively owned or controlled by an entity that is not subject
to the California Building Standards Code, including, but not limited to, the
federal government.
22.
Promptly respond to all reasonable inquiries from the district, the county office of
education, or the SPI, including, but not limited to, inquiries regarding its financial
records (Education Code 47604.3)
23.
Annually prepare and submit financial reports to the district Board and the County
Superintendent in accordance with the following reporting cycle:
a.
By July 1, a preliminary budget for the current fiscal year. For a charter
school in its first year of operation, financial statements submitted with the
charter petition pursuant to Education Code 47605(g) will satisfy this
requirement. (Education Code 47604.33)
b.
By December 15, an interim financial report for the current fiscal year
reflecting changes through October 31. (Education Code 47604.33)
c.
By March 15, a second interim financial report for the current fiscal year
reflecting changes through January 31. (Education Code 47604.33)
d.
By September 15, a final unaudited report for the full prior year. The report
submitted to the Board shall include an annual statement of all the charter
school's receipts and expenditures for the preceding fiscal year. (Education
Code 42100, 47604.33)
e.
By December 15, a copy of the charter school's annual, independent financial
audit report for the preceding fiscal year, unless the charter school's audit is
encompassed in the district's audit. The audit report shall also be submitted to
the state Controller and the CDE. (Education Code 47605)
Administrative and Other District Services
The district may charge for the actual costs of supervisorial oversight of a charter school not
to exceed one percent of the charter school's revenue. If the district is able to provide
substantially rent-free facilities to the charter school, the district may charge actual costs up
to three percent of the charter school's revenue for supervisorial oversight. (Education Code
47613)
AR 0420.4(l)
CHARTER SCHOOLS (continued)
The charter school may separately purchase administrative or other services from the district
or any other source. (Education Code 47613)
At the request of a charter school, the Superintendent or designee shall create and submit any
reports required by the State Teachers' Retirement System and the Public Employees'
Retirement System on behalf of the charter school. The charter school may be charged for the
actual costs of the reporting services, but shall not be required to purchase payroll processing
services from the district as a condition for creating and submitting these reports. (Education
Code 47611.3)
Waivers
If a charter school submits to the district an application for a waiver of any state Education
Code provisions, the Board shall hold a public hearing on the waiver request no later than 90
days following receipt of the request. (Education Code 33054)
The Superintendent or designee shall subsequently prepare a summary of the public hearing
to be forwarded with the waiver request to the SBE. If the Board recommends against
approval of the waiver request, it shall set forth the reasons for its disapproval in written
documentation that shall be forwarded to the SBE. (Education Code 33054)
District Oversight
For each charter school under the Board's authority, the Superintendent shall: (Education
Code 47604.32, 47604.33)
1.
Identify at least one staff member as a contact person for the charter school
2.
Visit the charter school at least annually
3.
Ensure that the charter school complies with all reports required of charter schools by
law
4.
Monitor the fiscal condition of the charter school based on any financial information
obtained from the charter school, including, but not limited to, the reports listed above
in "Requirements for Charter Schools"
5.
Provide timely notification to the CDE if a renewal of the charter is granted or denied,
the charter is revoked, or the charter school will cease operation for any reason
AR 0420.4(m)
CHARTER SCHOOLS (continued)
The Board and the Superintendent or designee may inspect or observe any part of the charter
school at any time. (Education Code 47607)
Regulation
NORTHERN HUMBOLDT UNION HIGH SCHOOL DISTRICT
approved: February 9, 2010
McKinleyville, California